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HomeMy WebLinkAbout96-075L7~~R~; ~~ ~V r G~ Y t~~~~ .; , COl1NTY t3iw BLt~`1°~, STATE' C?i` CALiFC~2NIA ~i'Sts l.l~l~~il t~~~~. 96-75 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR ANNE RUSSELL AND DON HINTON BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to reclassification of zoning with: ANNE RUSSELL AND DON HINTON and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte Caunty Board of Supervisors on the 25 day of ~ une , ~ 996, by the following vote: ALES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: Chair McLaughlin NOT VOTING: None ,. ,~` ~ ~? -~ ~.~ , d McLaughlin, Chairman j Butte County Board of Supervisors ATTEST: JONN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board By ~ ~<1~. ~ ~~ ~ ~,~ --~- CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this ~~ day of ~~4'~''~ ~ 19~~~~~, by and between "First Party", as identified in item (a} of Exhibit I of this Agreement, and the COUNTY (JF BUTTE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this ___. .., /'tyi GGiii iCi ti, ui iU WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit I; and WHEREAS, First Party has applied for a reclassification of zoning of tl'~e Property pursuant 1o which application the Property is being reclassified from its present classification to the classification or classifications specified in Item (c) of Exhibit I; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, it has been determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit I is being granted, the said reclassification shall be subject to the conditions specified in the following paragraphs: I. That Exhibit I, as completed and attached hereto, is incorporated into and made; a part of this Agreement with the same force and effect as if fully set forth herein. 2. That First Party shall construct and comply with all the following conditions: 2a. Access to be specified as stated by easement to the proposed parcel. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specific in Item (d) of Exhibit I and to the street address of the property described in Item (d} of Exhibit I. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item ~d of Exhibit i by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. 5. In the event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. ~. Each and every one of the provisions of this agreement herein contained +~ ~.-,~fi4 of thn c++r~.~c+~c~~,r i'`1 E';t~ r°St ~~ e~Ch: ~?'?r~ P\,~nr\! !'far}v ~'tarr~}n ir1 JI Idli f.JII IU Cwl ii,l it iUi v ili ti iG u..+ i~+ t vi •.+~~~-~+ ti + ~ ~ ~ ' the same manner as if they had herein been expressly named. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 1 ~~ .. ., . i ~ l- COUNTY OF BUTTE, a political subdivision of the State of California ~~ v~~e Chairperson o he Board of Supervisors "Second Party" ' j' -4 ATTEST: f ~~ Clerk of the Board of Supervisors ri STATE OF CALIFORNIA "' COUNTY OF BUTTE before me, Gayle B~yer~ pp~rsonall appearea t .~.---~_---,rc-~. --~~-~-..z-~~.-.~.~-~...~ ~.f~-=~-~.~--~-~.--~~,~- personally known to me (or proved to me on the basis of satisfactory eviaence to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .-~ WITNES ~'rrty~hand and official seal. ~+ G% ~f ?I f .~ ~ ~ignature ~~ i,3-qe,;i!iL,'Sif:9P,~iiS3Ylt7at81.3d9Lil79FSp7iF5ifl:iiEF+9i1SdRfi41!{fi~ Nt ~y ~:~ 9I1~+~,6 r ~'4 ;: `e lr i PJ t3YAFEY 5°UE~L!C - L'AS_1~CSRP?ER ''~~'y .. Cr3 LD Sd'2"~Y fi,~' E9UT'Tit'~ r s cf~ ~.,,~ry n! a:nEr Lx E a5 ~~:3 ~ .h ~,aS~.+J+N6f .i2?a3;c ..! 7:,.,,53;,I~912~n:.i~5'n .W [,: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N~ !y =~~ State Of CALIF©RNIA °•s County of BUTTE _ _- ~`` f. ;~,~ >~; `, On ___ June 25, 1996_ before me, Carol Roach, Notary Public b`•. OAIE NAME TITLE OE OFFICER E G_ VANE DOE. NOTARY PUC3LIC" j,'y~ personally appeared Vivian Meyer NAME(Si OF SIGNEHjSI Q personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person{~ whose name() is/a-r~ subscribed to the within instrument and ac- knowledged to me that Ise/she/t#ey executed the same in h~+s/her/th-e-rr authorized capacity{ins}, and that by E~+slherlthe+r signature(,) on the instrument the person(}, or the entity upon behalf of which the person{~) acted, executed the instrument. ~~ /j~~.~ / .~-.~~ ~. h~~~JL Pt~)~il. I~ / / ~ ~V~ ~ ~;~/ nU I ~'Cuv r ~` , ~~,`/tvl, COTIm txp o3r;l.'~~ r. I4~G WITNESS my hand qnd official seal. ~_ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER{S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT L~ TRUSTEE(S) GUARDIANICONSERVATOR OTHER: Political Entit SIGNER IS REPRESENTING: NAME OF PER50N(S} OR ENTITY(IES) County of Butte DESCRIPTION OF ATTACHED DOCUMENT Conditional `coning Agreement- Anne Russell - Don Hinton TITLE OR TYPE OF DOCUMENT 6 NUMBER OF PAGES April 4, 1996 DATE OF DOCUMENT Anne Russell and Don Hinton SIGNER(S) OTHER THAN NAMED ABOVE Y~r q; h. ~, ~; X1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Anne Russell and Don Hinton. (b) The property is now zoned: FR-40 (c) The zoning reclassification of the property is from its present zoning ta: FR-20 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Anne Russell, 5810 Pentz, Paradise, CA 95966 and Don Hinton 13570 Centerville Road, Chico, CA 95928. (e} The change in zoning classification pursuant to Paragraph Na. 4 shall be to: FR-20 (f} "Property", as used in this Agreement, includes: All that certain real property situate in the State of California, County of Butte, described as follows: Parcel 1: Being a portion of Lot 37 of Section 4, T22N R3E MDB&M, and being more particularly described as follows: Beginning at the southwest corner of said Lot 37, said point being as shown and described on that certain record of survey map recorded in the office of the Recorder of Butte County, California, on June 12, 1980, in Book 74 of Maps, at Page 91; thence following aiLing IC~~~ W°sti:ri'y uGUnc~ary line of said Lat ~:7, ~~3 vn i:J ~ I `wJ i:~r 8t~~.'i ~ ~~. tt:i c ~~li . on a line located 200.00 ft. southerly of and parallel to the centerline of the most southerly Pacific Gas & Electric Company penstock and being the NW corner of that certain parcel of land described in deed to Melville Mining Co. Ltd., recorded October 21, 1931, in Book 74 of the official records of Butte County, California, at Page 465; thence following along said parallel line and the northerly boundary line of said mining co. parcel, N 78° 38' 31" E for 1859.12 ft.; thence leaving said parallel line, N 89° 49' 49" E, and continuing along said mining company northerly boundary line, for 579.18 ft. to a point located in the easterly boundary line of said Lot 37 and being also the NE corner of said mining company parcel; thence following along said easterly boundary line of Lot 37, S° 10' 01" E far 1233.79 ft. to the SE carver of said Lot 37, said point being as shown and described on said record of survey map; thence N 89° 58' 50" W for 2402.92 ft. to said point of beginning. Excepting therefrom all mineral interest as reserved in the deed from Pacific Gas and Electric Company to Melville Mining Co. Ltd., recorded on October 21, 1931, in Book 74, official records of Butte County. at Page 465. Parcel ll: A non-exclusive easement far road and public utility purposes over a strip of land 60.00 ft. in width lying westerly of and coincident to the following described line: Beginning at the SW corner of Lot 37 of Section 4, T22N R3E MDB&M; thence following along the westerly boundary line of said Lot 37, N 0° 10' 11" W for 1016 ft. to the centerline of Centerville Road, said point being the true point of beginning for the line ..l-..-...: t_.. ,.i. }L, f'.-.. 'r~ ar, v~:. .-~: t` H ~ ~" inn ~: rt° '1 ni i ~,i r i. } 7 1 Div rCil^i t,IG:7 (.,I I{ri C. ~,i, li IenvG I I V~I II ^Jalu it tle ~/V~1 i vi ~,eglni i~1 ~lJ. , v v i V i I L ail3i~ig ii i' westerly boundary line of Lot 37 for 150.7 ft to the NW corner of Parcel 5, as desc~ ibed in that certain gift deed to Charles R. Kitchen, Et al, recorded January 22, 1976, in Book 2043 of the official records of Butte County California, at Page 316; thence continuing along said westerly boundary line of said Lot 37, S 0° 10' 11" E for 65.00 ft. to the end of said described line. The sidelines of the above described easement area are to be lengthened or shortened to intersect road centerline.